Date the last update of general terms of sale: in 05/22/2019
It’s beforehand specified that the present conditions govern exclusively the sales of products realized by PLANET BODY ART SASU, owner of the site www.pbastencils.com hereinafter the site. These products are sold to new customers for their personal or professional use.
Article 1 - Acceptance of therms
The customer acknowledges having read and accepted the present general terms of sale before placing an order.Validating the order implies acceptance of these general terms of sale. Unless proved otherwise, the data registered by PLANET BODY ART constitute proof of all order placed by PLANET BODY ART and the customer transactions.
Article 2 - Products
The customer is informed that there may be differences between the pictures of the products on the Site and the products themselves (color, size, packaging ...). The pictures of products are not contractual.
Article 3 - Price
The prices of our products are indicated on the site are in Euros and include VAT, except the cost of processing and shipping (see Article 9 Delivery / time).
The customer is informed about the processing cost and shipping when ordering on the Site.
BODY ART PLANET reserves the right to modify its prices at any time, but the product will be charged to the client based on the current price at the time of checkout.
The product remains the property of PLANET BODY ART until full payment is received by PLANET BODY ART.
Article 4 - Availability
Offers products, services and prices are valid as long as they are visible on the site and within the limits of available stocks.
In the event of unavailability of product after placing the order, the customer will be informed about it by email or phone at its option the contact details on the order form. PLANET BODY ART can offer the customer a similar product at the same price.
Article 5 - Commands(Orders)
The orders are shipped within a maximum fo 48 hours confirmation of payment and subject to availability. The customer fills under his only responsibility the online order form, by specifying the references of the chosen products and their quantity (The procedure is automated on the site). The customer will also specify his name (or perhaps his customer's number) and the delivery address (information which will be asked him by the site during the process of order). In case of mistake, PLANET body art could not be held responsible for consequences in term of non delivery or delay or for impossibility of delivery. All costs related to the return of the product due to a mistake of the customer will be the exclusive responsibility of the customer. The customer has the possibility to modify or cancel the order before sending it to PLANET BODY ART . The customer has the possibility to modify or cancel his order before sending to PLANET BODY ART. PLANET BODY ART will acknowledge receipt of the order by sending to the customer of an email, a fax or a mail according to his choice to the address appearing on the order form. The order will be definitive only after debit of the bank account of the customer in case of credit card payment on the site. PLANET BODY ART reserves the right to refuse an order if a payment dispute is in progress with the customer or if he hasn’t set a current order. The contractual information will be sent written confirmation no later than the time of product delivery.
Article 6 - Payment
The payment of a product or products are made to order and can be made either:
- By credit card: Visa, MasterCard directly on the website by filling out the order following the precise
directions and paying the site secure transaction.
- Or by paypal.
In the 2 cases mentioned above, the debit is made from the sending of the acknowledgment of the order.
Article 7 - Right of retraction and return
The customer has a right of retraction in accordance with Articles L. 121-20 , L. 120-20-1 and L. 120-20-2 of the Consumer Code . He has a period of 14 working days as from the reception of his order to exercise this right of retraction.
The Customer can retract without motive or charges, except charges which will return to his single charge.
PLANET BODY ARTrecommends to the customer to inform beforehand PLANET BODY ART about the exercise his right of retraction via the address “firstname.lastname@example.org” .
The customer agrees to return the product within 14 working days of receipt of the order ( the postmark or the delivery carrier authentic) to the following address :
PLANET BODY ART , 6 chemin des palis, 77130 Cannes Ecluse - FRANCE
The product must be returned in perfect condition, in its original packaging , complete with all its accessories , unsealed , undamaged and unsoiled , accompanied by the purchase invoice .
Article 8 - Security
The Website is subject to a security system that uses the security protocol SSL (Secure Socket Layer) to encrypt the customer's bank information. Any unpaid invoices due to fraudulent use of a credit card will result in the registration details in connection with the order to payment incident file.
Article 9 - Delivery / Deadlines
Shipping fees depend on the delivery method chosen by the customer. They are given to the client at the end of his order before validating it by him.
Shipping are offered from 50 € in France, € 60 in Europe and 90 € in the rest of the world ( excluding shipping , handling and packaging ) .
The Customer must check the completeness and adequacy of information it provides PLANET BODY ART . The latter can not be held responsible for any data entry errors and the consequences in terms of delays or error of delivery. In this context , all costs incurred for the return of the order will be entirely chargeable to the Client.
Whatch out, shipments outside France may be subject to taxes ( customs fees , duties , taxes and other official charges payable due to the importation of products in the country where delivery is requested ) and are the responsibility of the recipient . You should familiarize yourself with customs formalities with the competent authorities.
Orders are delivered within a maximum of 14 days in France and 30 days for the rest of the world.
PLANET BODY ART can in no way be held responsible for the lengthening of delivery due to the carrier , especially in case of loss, strike, climatic or other exceptional events situation. These situations may cause the cancellation of orders or any compensation of PLANET BODY ART .
We invite you to contact your carrier for claims of this type .
Article 10 - Verification of parcel delivery
The customer must check all visible damages upon delivery of the product. In case of visible damage (package damaged, package already open ... ), the client may refuse or accept the product with caution. The customer must confirm the refusal of the package or reservations no later than three business days of delivery by registered letter with acknowledgment of receipt to the carrier (or postal ) with a copy by mail to PLANET BODY ART , “contat @ planetbodyart . com”. For the replacement and / or refund the product , the customer must comply with the procedure described in Articles 16 and 17 below .
Article 11 - Customer Service
For information or questions, Customer Service PLANET BODY ART is available to the client:
- By email to the following address “email@example.com”
- By phone : 06 28 60 88 98
- By post to the following address for any claims or information :
PLANET BODY ART - Customer Service
6 chemin des palis
77130 Cannes Ecluse, France
For sending mail to customer service or after-sales service PLANET BODY ART , thank you to do with the email you use for your customer account. This allows faster processing of your order.
Article 12 - Security on your account on this site
PLANET BODY ART will send to the customer a password to access their account. This password is personal and confidential. The customer is solely responsible for the use and confidentiality of the password. PLANET BODY ART excludes any responsibility in case of fraudulent use of this password.
Article 13 - Intellectual property
All texts, comments, works, illustrations, images and works reproduced or represented in the site are strictly reserved for PLANET BODY ART under copyright as well as intellectual property and for the world. Any reproduction, total or partial reproduction of the Site or all or part of the elements found on the Site is strictly prohibited.
Article 14 - Responsibility
The products are in accordance with French legislation and applicable standards in France . The responsibility of PLANET BODY ART can’t be held liable for import of a product purchased on the Site in a third country . It’s up to the customer's responsibility to check with local authorities the possibilities of importation or use of the Product purchased on the Site and comply with applicable regulations.
The client is invited to read the description of each product to know the precise characteristics . PLANET BODY ART shall not be liable for all damages because of this , operating loss , loss of profit , loss of opportunity , loss of data and files that may arise from the purchase of a product the Site. PLANET BODY ART can not be held responsible for misuse or non- proper use of its products .
Article 15 - Force majeure
PLANET BODY ART can’t be held responsible for any breach of its obligations in the event of force majeure. Express agreement are regarded as force majeure strikes in PLANET BODY ART or its subcontractors or suppliers ( including transportation ), theft , fire, natural disasters.
Article 16 - Non- compliance of a product delivery
If the product delivered doesn’t correspond to the ordered product or if the product arrives damaged upon delivery to the customer, PLANET BODY ART is committed to making its choice to product replacement or a refund , free of charge for the customer.
The customer must inform PLANET BODY ART about the refusal of delivery or failure to comply with the delivery by sending an email to the following address “firstname.lastname@example.org” . This email must be sent to PLANET BODY ART within 48 hours of delivery ( or refusal of delivery) of the product. The customer must specify in the email the product concerned ( Order No. ) and the causes of refusal of delivery or claim .
The customer must in addition to sending the email to PLANET BODY ART comply with the procedure described in section 7 above concerning the formulation of reservations to the carrier ( or services concerned ) . PLANET BODY ART inform the customer by email or telephone the conditions for return of non-conforming product . Any return of a product by the customer will be subject to the prior consent of PLANET BODY ART . A return number will be affected by PLANET BODY ART client.
The non-conforming product must be returned or recovered by PLANET BODY ART in the state where it was received in its original packaging with all components and accessories included (instructions , accessories ... ) . The customer must also specify in writing the number of return assigned by PLANET BODY ART . PLANET BODY ART can only make a refund or replacement of nonconforming product or damage once said back to PLANET BODY ART product.
Return costs that could engage the customer in returning a nonconforming product will be refunded to the customer by PLANET BODY ART on presentation of receipts .
The refund will be made within a maximum period of 30 days after the return of nonconforming product by check sent to the customer at the address listed on the order form.
All other product defect will be covered by commercial and / or warranty by the legal guarantee, as specified in Articles 17 , 18 and 19 below.
Article 17 - Legal warranty against hidden defects
Article 1641 of the Civil Code, the seller is obliged to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended , or that decrease this use that the buyer would have not acquired , or would have paid a lower price if he had known.
Article 1648 paragraph 1 of the Civil Code : The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect .
Article 18 - Applicable law - Disputes
This contract is subject to French law. In case of dispute with professionals and / or traders, the courts of Melun ( France ) will have exclusive jurisdiction , including in the event of interlocutory proceedings and of third parties and notwithstanding plurality of defendants .
Article 19 - Validity of offers
Information on the availability of models on the site are constantly updated.
Product offerings and prices are valid until they are visible on the site.
Article 20 - Security and Privacy
The data can be transmitted to other companies inccharge of the follow-up of the orders and/or the management of payment . These data are also stored for security purposes, to meet legal and regulatory obligations and to allow PLANET BODY ART to improve and personalize the services offered to the customer .
Under the Data Protection Act of 6 January 1978, the customer has a right of access , rectification and opposition to personal data. To exercise this right , the customer must write mail to Customer Service PLANET BODY ART , 6 chemin des palis, 77130 Cannes Ecluse, France , stating his name, e -mail address and if possible customer reference.
The customer data are not sold or rented to a third party. They may however be used to address the customer information on similar products to those provided previously . The customer may object to free these items by writing to PLANET BODY ART Service Orders, 6 chemin des palis, 77130 Cannes Ecluse, France . To navigate the site , the client must have set their browser to accept " session cookies " or " session cookies ". This cookie is intended to allow for purchase and is destroyed at the end of the visit of the client. There is no " persistent cookies " that PLANET BODY ART prohibited use.
Article 21 - Fight against fraud payment online and request supporting
To limit fraud, PLANET BODY ART may have to ask the customer with all the necessary for the execution of the order (ID, proof of address ...).
These requests will be made by email or phone. The refusal by the customer to provide these documents will result in the cancellation of the order. The transmission period of PLANET BODY ART stressed parts can shift all the delivery of the product ordered.